With the passing of Justice Scalia, we wonder how a revamped Supreme Court will approach FERC’s anti-manipulation authority. Scalia rendered notable dissents in Oneok, Inc. v. Learjet and FERC v. EPSA, which speak to the role of FERC. The Commission’s anti-manipulation authority will one day come before the Supreme Court – the Court’s composition then will be interesting to see vis-à-vis FERC’s enforcement power.
This week’s enforcement update covers Lincoln Paper, and FERC’s stats on enforcement from the Commission’s annual budget request and performance report.
As Super Bowl 50 wraps up, a quick update on enforcement this week, including FERC and CFTC actions in federal district court:
- Barclays and traders file opposition to FERC motion to affirm civil penalties, as well as reply in support of motion for a stay.
- CFTC files motions opposing Kraft’s affirmative defenses and interlocutory appeal.
- TOTAL files lawsuit in Texas district court over FERC enforcement action.
- FERC files opposition to Barclays motion for a stay in district court.
- At the January 25-26, 2016 Buying and Selling Electric Power in the West Conference, David Applebaum, Director of FERC’s Division of Investigations patched in Tuesday by video due to cancelled flights.
Parties in FERC case against Powhatan/Chen file further briefing on the de novo review procedures under the FPA. On January 21, FERC and Powhatan/Chen each filed memos briefing the court on their positions for de novo review under Section 31(d) of the Federal Power Act. Recall on January 7, Judge M. Hannah Lauck of the Eastern District of Virginia held a pretrial hearing in Richmond. At that hearing, Judge Lauck ordered further briefing regarding a number of specific questions on the de novo review issue.
- Judge in FERC case against Powhatan/Chen holds hearing and orders further briefing on the de novo review procedures under the FPA
- Barclays files motion for a stay in district court and responds to Ninth Circuit order to show cause.
- FERC files opposition to City Power’s motion to dismiss.
- Ken Irvin to speak at upcoming Buying and Selling Electric Power Conference.